Back / lumbar spine decisions — 2001

The Board has determined that the veteran's claim for increased ratings for his service-connected ankylosing spondylitis with low back pain and bilateral chondromalacia patella requires additional development, including obtaining medical records and scheduling examinations.

The Board has denied the veteran's claims for service connection for a back disability and an acquired psychiatric disorder, finding that new evidence does not warrant reopening of the claim for a back disability, and that there is no direct or secondary evidence linking these conditions to his military service.

The Board has determined that new and material evidence has not been submitted to reopen the claim of service connection for a seizure disorder. The veteran's low back disability is currently evaluated at 20 percent, which reflects moderate limitation of motion.

The Board has determined that the veteran's claim for nonservice-connected pension benefits was granted effective from April 11, 1990, based on his permanent and total disability due to various service-connected conditions.

The Board denied the appellant's claim for an additional apportionment of the veteran's compensation benefits on behalf of their minor child, finding that the veteran reasonably discharged his responsibility for support and there was no demonstrated hardship.

The Board has determined that the veteran's claim for TDIU is denied due to a lack of evidence showing his employment status and medical records, as well as the need for additional VA examinations.

The Board denied the veteran's claim for an increased evaluation for his service-connected lumbosacral strain with degenerative disc and degenerative joint disease, finding that it did not meet the criteria for a disability rating in excess of 40 percent.

The Board found that the veteran's low back disability was not caused or chronically worsened by his service-connected right shoulder and left arm disabilities, leading to a denial of all issues on appeal.

The Board denied the veteran's claims for increased rating for bilateral pes planus and service connection for back, ankle, and knee disabilities secondary to his service-connected bilateral pes planus.

The Board has determined that further development is needed before a final decision can be made on the veteran's claims for increased evaluations of his service-connected disabilities.

The veteran's claim for an increased disability rating for his lumbar disc disease with sacralization at L5 was granted, and he is currently rated at 40 percent.

The Board has reopened the veteran's claim for service connection for a low back disability and remanded it for further development.

The RO granted service connection for residuals of neck and low back injuries, but denied service connection for a right knee disability. The RO also granted noncompensable ratings for the veteran's service-connected disabilities, including bilateral hearing loss.

The VA has already assigned a 30 percent rating for the veteran's disability, and the evidence does not support an increase in this rating.

The veteran is seeking service connection for a low back disability. The Board notes that the veteran was not provided with a VA medical examination to determine if his current lumbar spine disability is related to service, and thus remands the case for such an examination.

The Board denied the veteran's claims for service connection for chronic low back disability, left tympanic membrane perforation, chronic dermatological disability, and chronic respiratory disability due to lack of new and material evidence. The Board also found that these disabilities were not incurred or aggravated by active service.

The veteran's low back strain is rated at 40 percent, and his right and left knee disabilities are each rated at 20 percent. The decision grants these ratings.

The Board has determined that the preponderance of the evidence is against the veteran's claims for service connection for chronic sinusitis, cervical and lumbar spine disorders, irritable bowel syndrome, and increased evaluations for post concussion syndrome with anxiety symptoms and history of headaches and dizziness, as well as bilateral varicose veins. The Board found no medical evidence linking these conditions to service.

The Board denied the veteran's claims for service connection and compensation for various disabilities, including a bilateral hearing loss disorder, right thigh scar, right leg disability, right ankle disability, back disability, and nervous disorder. The decision also addressed whether new and material evidence had been submitted to reopen his claim for a bilateral hearing loss disorder.

The case is being remanded for the appellant to be scheduled for a 'Travel Board' hearing at the Buffalo, New York, Regional Office of the Department of Veterans Affairs.